Section 61-37-12 – Fees and administrative penalties retained by the division.
All fees and administrative penalties collected by the division pursuant to the Tobacco Products Act shall be deposited into the tobacco products administration fund. History: Laws 2020, ch. 46, § 12. ANNOTATIONS Effective dates. — Laws 2020, ch. 46, § 27 made Laws 2020, ch. 46, § 12 effective January 1, 2021.
Section 61-37-13 – Hearing procedure.
If the division suspends or revokes a license or imposes an administrative penalty against a licensee, the licensee shall be entitled to a hearing pursuant to the rules promulgated by the division. The hearing shall be conducted by the director or a hearing officer appointed by the director and shall be held in the county […]
Section 61-37-14 – Documentary evidence of age and identity.
A. A retailer or an employee of a retailer shall not knowingly, intentionally or negligently fail to verify the age of a consumer purchasing tobacco products. B. Except as provided in Subsection C of this section, evidence of the age and identity of a person attempting to procure tobacco products in person shall be shown […]
Section 61-37-15 – Vending machines; restrictions on sales of tobacco products.
A. Except as provided in Subsections B and C of this section, a retailer selling goods at a retail location in New Mexico shall not use a self-service display for tobacco products. B. Tobacco products may be sold by vending machines only in age-controlled locations where minors are not permitted. C. The sales and display […]
Section 61-37-2 – Definitions.
As used in the Tobacco Products Act: A. “child-resistant packaging” means packaging or a container that is designed or constructed to be significantly difficult for children under five years of age to open or obtain a toxic or harmful amount of the substance contained therein within a reasonable time and not difficult for a normal […]
Section 61-37-3 – Prohibited sales; manufacturing; labeling; marketing; safety requirements.
A. A person shall not knowingly, intentionally or negligently sell, offer to sell, barter or give a tobacco product to a minor. B. A licensee shall not sell, offer to sell or deliver a tobacco product in a form other than an original manufacturer-sealed package, except for individually sold cigars or loose leaf pipe tobacco. […]
Section 61-37-4 – Division; license issuance; manufacture, distribution or sale of tobacco products.
A. Except as provided in Subsection C of this section, the division shall issue licenses for the manufacture, distribution or sale of tobacco products in New Mexico to applicants who meet the requirements of the Tobacco Products Act. B. The division shall issue or renew a license for the: (1) manufacture of tobacco products for […]
Section 61-37-5 – Manufacturer license requirements; application and renewal requirements; fees.
A. A person shall not manufacture tobacco products at any location in the state without first obtaining a manufacturer license issued by the division to that person for that location. B. An application for a manufacturer license or manufacturer license renewal shall be submitted on a form prescribed by the division and shall include: (1) […]
Section 61-37-6 – Distributor license requirements; application and renewal requirements; fees.
A. A person shall not distribute tobacco products from any location in the state without first obtaining a distributor license issued by the division to that person for that location. B. An application for a distributor license or distributor license renewal shall be submitted on a form prescribed by the division and shall include: (1) […]
Section 61-37-7 – Retailer license requirements; application and renewal requirements; fees.
A. A person shall not sell tobacco products at any location in the state without first obtaining a retailer license issued by the division to that person or that person’s employer for that location. B. An application for a retailer license or for a retailer license renewal shall be submitted on a form prescribed by […]